BILL NUMBER: SB 1310	CHAPTERED  09/30/00

	CHAPTER   940
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 10, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   AUGUST 16, 1999

INTRODUCED BY   Senator Vasconcellos
   (Coauthors:  Senators Karnette and Rainey)

                        MARCH 17, 1999

   An act to add and repeal Section 12419.2 of the Government Code,
to add Section 817.5 to the Penal Code, and to amend Sections 19280
and 19283 of, and to add Section 19550 to, the Revenue and Taxation
Code, relating to outstanding warrants.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1310, Vasconcellos.  Outstanding warrants.
   (1) Existing law generally authorizes the Controller to offset any
amount due a state agency from a person or entity against any amount
owing the person or entity, as specified.  Existing law authorizes
the Controller to offset any amount due a city or county from a
person or entity for specified reasons against any amount owing the
person or entity by a state agency on a claim for a tax refund or
from lottery winnings.  Existing law furthermore requires the
Controller, to the extent possible, to offset any amount overdue and
unpaid for a fine, penalty, assessment, bail, vehicle parking
penalty, or court-ordered reimbursement for court-related services
from a person or entity, against any amount owing the person or
entity by a state agency on a claim for a tax refund or from lottery
winnings.
   This bill would provide that the Department of Justice, in
consultation with the Controller, the Franchise Tax Board, and the
California Lottery Commission, shall examine ways to enhance the use
and effectiveness of the above provisions through integration with
the Department of Justice's Wanted Persons System and shall report
the findings and recommendations to the Legislature on or before
January 1, 2002.  The bill would provide that this provision shall
remain in effect only until January 1, 2003.
   (2) Existing law provides for the issuance of an arrest warrant
under specified circumstances.
   This bill would provide, in addition, that (a) on or after June
30, 2001, upon the issuance of an arrest warrant the issuing law
enforcement agency may enter the warrant information into the
Department of Justice's Wanted Persons System; and (b) any state or
local governmental agency shall, upon request, provide to the
Department of Justice, a court, or any  California law enforcement
agency the address of any person represented by the department, the
court, or the law enforcement agency to be a person for whom there is
an outstanding arrest warrant.  The bill would add a related
provision that would require the Franchise Tax Board, upon the
request of the Department of Justice, a court, or any California law
enforcement agency, to provide the address of any person represented
to be a person for whom there is an outstanding arrest warrant.  By
imposing new duties on local agencies, this bill would impose a
state-mandated local program on local government.
   (3) Existing law generally provides that fines, state or local
penalties, forfeitures, restitution fines, restitution orders, or any
other amounts imposed by a superior or municipal court of the State
of California upon a person or any other entity that is due and
payable in an amount totaling no less than $250, in the aggregate,
for criminal offenses, may, no sooner than 90 days after payment of
that amount becomes delinquent, be referred by the county or the
state to the Franchise Tax Board for collection, as specified.
Existing law also provides that for the period January 1, 1995, to
December 31, 1997, inclusive, for purposes of a manageable
implementation and evaluation of this debt collection program, the
Franchise Tax Board may limit referrals to nine counties.  Existing
law requires the Franchise Tax Board to report to committees of the
Legislature, as specified, the results of the debt collection program
on or before April 1, 2001, and provides that the provisions
relating to the debt collection program shall be repealed as of
January 1, 2002.
   This bill would revise these provisions to instead provide that
for the period January 1, 2001, to  December 31, 2002, inclusive, the
Franchise Tax Board may limit referrals under the debt collection
program to 17 counties; the above report required of the Franchise
Tax Board would specifically address the feasibility and advisability
of expanding the debt collection program so that it may accept
referrals from all 58 counties in the state; the term "obligor" would
be replaced by the term "debtor," and the repeal date of the
provisions relating to the debt collection program would be extended
to January 1, 2003.  The bill would also require the Department of
Justice, in consultation with the Franchise Tax Board, to examine
ways to enhance the use and effectiveness of these debt collection
provisions through integration with the Department of Justice's
Wanted Persons System and to report the findings and recommendations
to the Legislature on or before January 1, 2002.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that no reimbursement shall be made from
the State Mandates Claims Fund for costs mandated by the state
pursuant to this act, but would recognize that local agencies and
school districts may pursue any available remedies to seek
reimbursement for these costs.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12419.2 is added to the Government Code, to
read:
   12419.2.  (a) The Department of Justice, in consultation with the
Controller, the Franchise Tax Board, and the California Lottery
Commission, shall examine ways to enhance the use and effectiveness
of Sections 12419.5 to 12419.10, inclusive, through integration with
the Department of Justice's Wanted Persons System and shall report
the findings and recommendations to the Legislature on or before
January 1, 2002.
   (b) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2003, deletes or extends
this date.
  SEC. 2.  Section 817.5 is added to the Penal Code, to read:
   817.5.  (a) On or after June 30, 2001, upon the issuance of any
arrest warrant, the issuing law enforcement agency may enter the
warrant information into the Department of Justice's Wanted Persons
System.
   (b)  Notwithstanding any other provision of law, any state or
local governmental agency shall, upon request, provide to the
Department of Justice, a court, or any California law enforcement
agency, the address of any person represented by the department, the
court, or the law enforcement agency to be a person for whom there is
an outstanding arrest warrant.
  SEC. 3.  Section 19280 of the Revenue and Taxation Code is amended
to read:
   19280.  (a) (1) Fines, state or local penalties, forfeitures,
restitution fines, restitution orders, or any other amounts imposed
by a superior or municipal court of the State of California upon a
person or any other entity that is due and payable in an amount
totaling no less than two hundred fifty dollars ($250), in the
aggregate, for criminal offenses, including all offenses involving a
violation of the Vehicle Code except offenses relating to parking or
registration or offenses by pedestrians or bicyclists, may, no sooner
than 90 days after payment of that amount becomes delinquent, be
referred by the county or the state to the Franchise Tax Board for
collection under guidelines prescribed by the Franchise Tax Board.
   (2) For purposes of this subdivision:
   (A) The amounts referred by the county or state under this section
may include any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction.  For purposes of this article, those amounts
shall be deemed to be imposed by the court.
   (B) Restitution orders may be referred to the Franchise Tax Board
only by a government entity, as agreed upon by the Franchise Tax
Board, provided that all of the following apply:
   (i) The government entity has the authority to collect on behalf
of the state or the victim.
   (ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.
   (iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by counties or other state
agencies.
   (iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.
   (C) The Franchise Tax Board shall establish criteria for referral,
which shall include setting forth a minimum dollar amount subject to
referral and collection.
   (b) (1) For the period January 1, 2001, to December 31, 2002,
inclusive, the Franchise Tax Board may limit referrals under the
program authorized by this article to 17 counties.
   (2) The report required to be issued by the Franchise Tax Board
pursuant to Section 13 of Chapter 1242 of the Statutes of 1994, as
amended by Section 46 of Chapter 604 of the Statutes of 1997, is due
to the Legislature on or before April 1, 2001, and shall specifically
address the feasibility and advisability of expanding the program
authorized by this article to accept referrals from all 58 counties.

   (c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to
the State of California, and shall be collected from the debtor by
the Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure in the manner provided
for earnings withholding orders for taxes.
   (d) (1) Part 10 (commencing with Section 17001), this part, Part
10.7 (commencing with Section 21001), and Part 11 (commencing with
Section 23001) shall apply to amounts referred under this article in
the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in full
into this article, except to the extent that any provision is either
inconsistent with this article or is not relevant to this article.
   (2) Any information, information sources, or enforcement remedies
and capabilities available to the court or the state referring to the
amount due described in subdivision (a), shall be available to the
Franchise Tax Board to be used in conjunction with, or independent
of, the information, information sources, or remedies and
capabilities available to the Franchise Tax Board for purposes of
administering Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), or Part 11 (commencing
with Section 23001).
   (e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001) and Part
11 (commencing with Section 23001).
   (f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section 19521.
When notice of the amount due includes interest and is mailed to the
debtor and the amount is paid within 15 days after the date of
notice, interest shall not be imposed for the period after the date
of notice.
   (g) In no event shall a collection under this article be construed
as a payment of income taxes imposed under Part 10 (commencing with
Section 17001) or Part 11 (commencing with Section 23001).
  SEC. 4.  Section 19283 of the Revenue and Taxation Code is amended
to read:
   19283.  (a) The Department of Justice, in consultation with the
Franchise Tax Board, shall examine ways to enhance the use and
effectiveness of this article through integration with the Department
of Justice's Wanted Persons System and shall report the findings and
recommendations to the Legislature on or before January 1, 2002.
   (b) This article shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2003, deletes or extends
this date.
  SEC. 5.  Section 19550 is added to the Revenue and Taxation Code,
to read:
   19550.  Pursuant to Section 817.5 of the Penal Code, the Franchise
Tax Board, upon request from the Department of Justice, a court, or
any California law enforcement agency and in a form and manner
prescribed by the board, shall provide to the Department of Justice,
the court, or the law enforcement agency the address of any person
represented to be a person for whom there is an outstanding arrest
warrant.
  SEC. 6.  No reimbursement shall be made from the State Mandates
Claims Fund pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code for costs mandated by
the state pursuant to this act.  It is recognized, however, that a
local agency or school district may pursue any remedies to obtain
reimbursement available to it under Part 7 (commencing with Section
17500) and any other provisions of law.
